Recent Blog Posts
Under Federal Investigation? You May Need an "Arrest Will"
If you know that you are under federal investigation for a white-collar crime like embezzlement or tax fraud, arrest is likely imminent. Unless everything the federal investigators find shows that you must be innocent, you should anticipate an arrest in the coming weeks or months. You will probably not be warned in advance that an arrest is coming - the federal police prefer to take suspects by surprise so they do not have a chance to flee the state or worse, fight back. Unfortunately, this means that you could be abruptly plucked from your life. While it is normal and very reasonable to mostly be worried about what being in jail will be like, it is wise to also consider what will be happening at home. If you fear that you will be arrested in the near future, a Dallas, TX white-collar crimes defense attorney can help you prepare to address any coming charges.
What is an "Arrest Will" and What Should it Contain?
Simply put, an arrest will is a set of instructions and documents that enables people close to you to manage your personal affairs while you are in jail. When you are arrested by federal law enforcement, you may be gone for days or weeks before you are released on bail. Think about the tasks that need to be completed in your personal life and what would happen if you were suddenly not there to carry out those tasks. An arrest will helps you plan for someone you trust to carry out certain tasks on your behalf while you are working on getting out of jail. Some of the things an arrest will should contain include:
Embezzlement: Not Always a Sophisticated Criminal Operation
When you hear about someone who was caught embezzling in the news, it is normally a high-level employee who stole hundreds of thousands or more from an employer or non-profit and carefully covered his tracks for years before getting caught. This leads most people to think of embezzlement as a high-profit and sophisticated criminal scheme. However, the cases that make the news are often outliers. Embezzlement is a more common criminal charge than most people realize, and are frequently prosecuted at the federal level. This may also mean that you were shocked when you were told that you were being investigated for embezzlement after committing what you thought was simple theft against an employer. If you are facing embezzlement charges, you need an experienced Dallas, TX federal white collar crimes attorney.
The Classic Media Image V. The Reality of Embezzlement
The kind of embezzlement cases we hear about in the media normally involve an already-wealthy corporate businessman who uses deception to steal a massive amount of money from the company he works for by falsifying complex financial records. The stereotypical embezzler is always a high-level executive involved in a highly complex scheme that might involve sneaking into the office in the middle of the night.
Cryptocurrency Losses: Investment Scam or Bad Business Decision?
Cryptocurrency fraud can lead to serious federal charges. While cryptocurrency is largely unregulated and untraceable - which is a feature, not a bug - using it to defraud others is still a crime. It can be difficult for federal law enforcement to tell the difference between someone who is running a legitimate cryptocurrency investment scheme and someone who is running an investment scam. Asking people to send you money to invest for them is always a risky plan. Even if you are legitimately trying to help people make money, losing investment funds in cryptocurrency can make it appear that you are simply scamming people and keeping their money. If you are charged with cryptocurrency fraud, you need a dedicated Dallas, TX white-collar crimes attorney to help you.
Why is Cryptocurrency Investment Often Mistaken For a Scam?
If you were investing in cryptocurrency on others’ behalf, losing the money can rapidly lead to you getting accused of defrauding your investors. Part of the problem has to do with the nature of cryptocurrency. You may not have access to clear records showing where the money went like you would in traditional investing. There is also the fact that cryptocurrency is often used in all types of criminal activity to the point where dealing in at all might be considered suspicious.
Is Catfishing a Crime?
Catfishing - pretending to be someone else online while communicating with others - is not inherently a criminal act. Many people who catfish are simply too self-conscious to use their real identities online, especially when talking to people they have a romantic interest in. However, catfishing can open the door to numerous types of criminal activity. Whether catfishing can lead to criminal charges depends on what you do while posing as someone else. Using a fake identity to gain other people’s personal identifying information, to operate a scam of any kind, or to pose as a law enforcement officer opens you up to federal charges. If you are accused of identity theft or another federal crime after posing as someone else online, you need an experienced Dallas, TX white-collar crimes attorney to defend you.
Catfishing and Identity Theft
If you are using someone else’s identity to gain a profit or to steal someone else’s personal information, you may be committing identity theft. Posing as a real person can turn into various forms of identity theft. For example, say you pose as a real person named Bob Smith and contact his family members, claiming that "your" credit card is not working and you need someone to send you his personal banking information so you can make a purchase. This would be identity theft.
Rental Fraud and Identity Theft
Fake rental housing advertisements are placed for a lot of different reasons. Sometimes, the person who places the false ad is deliberately trying to obtain unsuspecting would-be renter’s personal information. People will often readily provide a potential landlord with their Social Security Number, an image of their ID, and even bank information to arrange a deposit. Fake rental listings might also be created by people who are considering becoming landlords to get a sense of who would apply and how much rent they could charge. However, it can also get you charged with identity theft if you use any of the personal information prospective tenants give you. If you are facing identity theft charges related to a false rental ad, you need a Dallas, TX white-collar crimes attorney to help you.
Understanding Rental Fraud and Related Crimes
Placing a fake ad for a rental property you do not actually own or do not intend to rent out can be considered a form of fraud. These fake ads are placed for several reasons, including:
Bail in Federal White-Collar Crime Cases
When you are a white-collar professional, jail can be especially uncomfortable. You likely have never experienced these types of conditions before, and the other inmates may take issue with you due to your status. You may be left feeling like a fish out of water. Fortunately, most people accused of white-collar crime are able to make bail and go home to await trial in relative comfort. Because you are dealing with the federal court system, the bail process is slightly different than it would be if you were accused of a state-level crime and held at your local city jail. It is important to speak with an experienced Dallas, TX federal white-collar crimes attorney as soon as you are given the opportunity after arrest.
Having the Resources to Flee Might Hurt You
Courts will consider one of the main factors before setting bond conditions, which is whether you are a flight risk. The goal of having arrestees post bond is to help ensure that criminal defendants return to court to answer to their charges rather than fleeing the area. One thing the court will look at is whether you have the resources to leave the U.S. permanently while out on bond.
What Happens if I Let Someone Else Use My Health Insurance?
A lot of people in Texas are without health insurance. Not all employers are required to offer it, and getting insured on your own can be prohibitively expensive. Some people are caught in the middle, where they cannot afford insurance but do not qualify for Medicaid. If you are fortunate enough to have health insurance, it may occur to you to let someone you care about who is uninsured use your information and identity to get healthcare. While wanting to help others access healthcare is commendable, going about it the wrong way could be prosecuted as federal healthcare or insurance fraud. A Dallas, TX white-collar crimes attorney can help you if you have been accused of healthcare fraud, or related crimes.
Letting Someone Else Use Your Health Insurance is a Federal Crime
Your friend or family member needs medical care but has no insurance. You have good health insurance. You look enough alike that if no one scrutinizes the picture on your ID too closely, your loved one could probably get away with using it. So, you hand over your ID and health insurance card and send your loved one off to the doctor’s office.
Houston Businessman Convicted of Bribery, Money Laundering
A businessman who worked for an American energy-trading company has pleaded guilty for his involvement in a scheme to bribe government officials in Mexico. The businessman and his company paid around $600,000 in bribes to secure contracts to provide ethane to a Mexican-owned petroleum company.
To facilitate this scheme, the businessman and his co-conspirators used shell companies, fake invoices and contracts, and fake names on email accounts to earn hundreds of millions of dollars in business. The man was charged under The Foreign Corrupt Practices Act (FCPA), a federal law that prohibits bribery and other corrupt payments to foreign officials.
People charged under the FCPA face penalties that could change their lives forever. If you have been charged with, or are being investigated for, violations of the FCPA you need to get a Texas federal criminal defense attorney immediately.
What to Do If You Are Accused of Bank Fraud in Texas
If someone accuses you of bank fraud, you are likely feeling scared and unsure about what to do next. This is a serious situation, but remember you have rights, and there are steps you can take to protect yourself. A Texas lawyer will tell you what you should do so you do not jeopardize your case.
The First Step is to Protect Yourself Immediately
When facing bank fraud accusations, your initial actions are important. They can significantly impact the outcome of your case. Follow these steps carefully to protect your rights and strengthen your defense.
Stay Silent
Do not talk to anyone about your case except your lawyer. This includes friends, family, and especially law enforcement or bank officials. Anything you say can be used against you.
Preserve Evidence
Do not destroy any documents or delete any digital files, even if you think they look bad. Destroying evidence can make your situation much worse.
What Factors Influence Sentencing for White-Collar Crimes?
If you are facing sentencing for a white-collar crime, you are likely highly apprehensive. After all, the sentence you receive can affect your life for many years. Some white-collar crimes like fraud or embezzlement that involve large sums of money may trigger a federal mandatory minimum sentence based on the amount of money involved. Mandatory minimums may also be applicable if this is not your first conviction for a white-collar crime.
For many other white-collar federal convictions, sentencing can be altered by a number of factors. Having a knowledgeable Dallas, TX white-collar crime attorney by your side who has a thorough understanding of sentencing factors can significantly lessen your potential penalties. Your attorney will know how to present these factors in the best light possible, helping you get your life and your future back on track.
What Are White-Collar Crimes?
White-collar crimes are usually nonviolent in nature and involve concealment or deceit to gain a personal or business advantage or money. Examples include money laundering, securities fraud, embezzlement, corporate fraud, Ponzi schemes, tax evasion, health care fraud, mortgage fraud, cybercrime, bank fraud, racketeering, and more. The SEC, the FBI, and the Financial Industry Regulatory Authority (FINRA), along with state authorities investigate white-collar crime. One of the most high-profile examples of white-collar crime in recent history is the Madoff Ponzi scheme that robbed approximately 37,000 victims of billions of dollars.